terms of use or user agreement

This Agreement explains the terms and conditions upon which Overstock Shop Pty Ltd ABN 36 115 271 826 & ACN 115 271 826 Trading As Sale Spot of 39 Eve Street, Erskineville, NSW, 2043 Australia provides the services on the website and the conditions that apply when you use www.salespot.com.au to make a purchase of products. These terms and conditions are between Sale Spot and you, the consumer and also set out the way in which you reach an agreement with Sale Spots retail partners.

Sale Spot may amend this Agreement at any time at our discretion. Amendments will be posted on this page of the website. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on our website. If you do not agree with such amendments, we ask you to refrain from using the Sale Spot website. This Agreement may not be otherwise amended, except in writing signed by you and Sale Spot. This Agreement is effective from your registration date.

If you have any questions please refer to our Frequently Asked Questions page or contact us via email using the Contact Us page.

To use Sale Spots services you must first register as a Sale Spot User. You must accept all of the terms and conditions contained in this User Agreement, which include those terms and conditions clearly stated below and those incorporated by reference before you may become a Sale Spot User. We strongly recommend that, as you read this User Agreement, you also consider the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions which apply to you as a Sale Spot User.

1) Sale Spot Company Information

Sale Spot is not a retailer and it is important to realize this. Sale Spot is an agent who supplies an advertising service which takes payment on behalf of the retailer and enables a retailer to be introduced to a consumer for the purpose of purchasing goods. Sale Spot is not involved in the agreement between the retailer and consumer whereby the retailer agrees to sell goods to the consumer. Sale Spot has no part in the terms and conditions of the sale prices, choice of goods, quality issues, warranties and representations.

Sale Spot is only involved in the introduction of the retailer and consumer online and assists in the facilitation of the remittance of payment from the consumer to the retailer for the products sold. When a consumer orders goods, the full sale price for the goods including freight charges are submitted by the consumer to Sale Spot. Sale Spot then submits the sale price and freight charge to the retailer on your behalf. This occurs only after the vendor has confirmed that the goods have been dispatched to the customer.

Sale Spot has no control over the quality, safety or legality of the goods or content posted by retailers on the website, the truth or accuracy of the representations regarding the products, or the ability of retailers to sell goods.

Sale Spot realises that authentication on the internet is difficult and therefore Sale Spot believes that you should know each retailers identity. The retailer’s names are always located above the product description, and the opportunity to shop by retail store (found within the ‘Shop by Store’ page – accessed by clicking on the retailer’s logo). Sale Spot does provide you with the retailers contact details on your invoice or before you buy if you contact Sale Spot.

As Sale Spot is not involved in the legal relationship between a retailer and a consumer, if the consumer has a dispute with a retailer that dispute is only between the consumer and retailer. The consumer, to the extent permitted by law, releases Sale Spot (and our officers, directors, agents, affiliates, parent, subsidiaries and employees) from claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes arising from the transaction of the goods.

Sale Spot will send Sale Spot Users communications and notices regarding their transaction on the website. Sale Spot communications do not represent any endorsement, guarantee or legitimization of the transactions. The Sale Spot User, as a consumer, is responsible for completing each transaction. Sale Spot does not control, endorse or approve the goods, information or content provided by Retailers.

2) Using SaleSpot.com.au
The websites services are available only to persons who enter into the legally binding contract under applicable law. The websites services are not available to persons under eighteen (18) years of age or any temporarily or indefinitely suspended Sale Spot user. If you do not qualify as a Sale Spot user you are not able to use the websites services. User rights are personal to the Sale Spot user.

3) Products
Sale Spot provides the website and the services as a total system whereby:
(a) Retailers advertise products for sale; and
(b) Consumers may agree to buy those products.
Sale Spot does not sell or acquire products directly from vendors and is not involved (whether as agent or principal or otherwise) in the transactions between retailers and consumers as the provider of the services and the website.

Sale Spot cannot and will not investigate or assess:
(a) the accuracy of the description of the products; or
(b) The ability of the retailer to complete the transaction,
However we would appreciate any feedback from our Sale Spot Users regarding the products advertised on the website and the conduct of any retailer. Sale Spot would like to ensure that retailers are meeting the standards provided in their obligations to Sale Spot as a retail partner.

Sale Spot retains the right to immediately:
(a) block any transaction; or
(b) prevent or restrict access to the website or the services.

All references to "Dollars" or "$" mean the lawful currency of the Commonwealth of Australia

4) Purchasing and Payment
There is no charge for registering an account with Sale Spot or browsing the website. Sale Spot recommends that all Sale Spot Users investigate all products carefully to ensure that the products meet the consumer’s specifications.

Remember purchasing online is exactly the same as buying in a traditional retail store. It gives rise to a legally binding contract purchase of products. The consumer is then legally obligated to buy the products. When a consumer agrees to buy products the consumer must provide valid contact details to prove authenticity and consumers are required to confirm the purchase before completing the sale.

Please note: that the applicable parts of these Terms and Conditions apply to the individual transaction for the purchase of products. Payment for products is by credit card and the purchase is only confirmed upon the successful processing of the credit charge.

By purchasing products the consumer agrees to be bound by the conditions of sale included in the description of the goods so long as those conditions of sale are not in violation of this Agreement or unlawful. Purchases are binding to the same extent as those that occur in traditional retail stores. The sale of products are subject to any special conditions advertised with the products.

When a consumer has made a purchase an automated notification email including their tax invoice is sent to their registered email address.

Sale Spot accepts Visa, MasterCard and Bankcard and will only request payment details from Users once they have confirmed a purchase. Sale Spot does not store or have access to your credit card details. An email will be sent to the consumer notifying the credit card debit in their invoice.

5) Sale Spot User Information
"Sale Spot User Information" is the information provided by a Sale Spot User to Sale Spot during the registration of an account or at any later time. Each Sale Spot User is solely responsible for their Sale Spot User Information. If at any time a Sale Spot User needs to update their Sale Spot account details they can do so by logging into the ‘Your Account’ section of the website and updating their information.

Sale Spot User Information must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent; and
(c) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices/fair trading laws);

6) Security
Sale Spot realises that some people are nervous with the idea of using their credit card to purchase over the internet – For this reason Sale Spot has used St George Bank and their latest encryption technology to protect privacy. Sale Spot User sensitive details are transmitted via the St George Bank’s secure link where the St George Bank then processes your credit card transaction.

7) Control of Sale Spot User Password
During registration, a Sale Spot User is given a user identity which is the email address submitted at that time. A password is then associated with the Sale Spot User ID which is used at Sale Spot to validate the identity of each Sale Spot User - so keep it confidential!

Whilst Sale Spot does not store financial information such as credit card details, an amendment can be made to the Sale Spot User Information of a Sale Spot User if a third party gains knowledge of the password and email address. If you suspect your password has been misused contact Sale Spot Support immediately.

8) Cookies
Sale Spot is not a cookie free site. This means Sale Spot will use cookies to collect information from computers while they are visiting the Site. However Sale Spot will not store passwords and every time a Sale Spot User logs back into the Site they will need to re-enter the correct Sale Spot user ID and password.

9) Licensing
Only to enable Sale Spot to use the Sale Spot User Information, so that Sale Spot does not violate any rights that may exist in that Sale Spot User Information, each Sale Spot User agrees to grant to Sale Spot a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) the Sale Spot User has in their Sale Spot User Information, in any media now known or not currently known. Sale Spot will only use Sale Spot User Information in accordance with its Privacy Policy (at www.sale Spot.com.au).

10) Breach of Agreement
Without limiting other remedies available to Sale Spot at law, in equity or under this Agreement, Sale Spot may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate a Sale Spot User's registration and refuse to allow a Sale Spot customer to use the website and/or the services if:

(a) the Sale Spot User breaches this Agreement, the Privacy Policy or any terms or policies those documents incorporate by reference;
(b) Sale Spot is unable to verify or authenticate any Sale Spot User Information; or
(c) Sale Spot believes that a Sale Spot User's actions may cause adverse legal liability for Sale Spot.

11) Sale Spot Warranty
The only warranty that Sale Spot makes in relation to the website or the services offered are that:
(a) the services will be provided with due skill and care; and
(b) the website and the services will operate substantially in the manner described in this Agreement.

12) No Warranty
Sale Spot provide the Site and Services on an "as is" basis and without any warranty or condition, express, implied or statutory. To the extent permitted by law, Sale Spot and the Sellers specifically disclaim any implied warranties of title, merchantability quality or fitness for a particular purpose.

Sale Spot does not guarantee continuous, uninterrupted or secure access to the website and the services it provides, and operation of the website may be interfered with by numerous factors outside Sale Spot’s control.

To the extent that Sale Spot and all affiliates and related entities of Sale Spot are able to limit the remedies available under this Agreement, Sale Spot and all affiliates and related entities of Sale Spot expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Sale Spot’s and the vendors sole discretion) in the case of products, any one or more of the following:

(a) the replacement of the products or the supply of equivalent products;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
(d) the payment of the cost of having the Goods repaired.

13) Liability Limit
In no event shall Sale Spot, its affiliates and related entities or its retail partners be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the website, the services provided or this Agreement (however arising, including negligence). Each Sale Spot User and consumer agrees to accept sole responsibility for the legality of their actions under the laws which are applicable. Each Sale Spot User agrees that Sale Spot and all affiliates and related entities of Sale Spot have no responsibility for the legality of the retailer’s actions or acts of any of the retail partners.

To the extent permitted by law, Sale Spot’s liability, and the liability of its retail partners, to Sale Spot Users or any third parties in any circumstance is limited to any one or more of the following (at Sale Spot’s option and cost):
(a) the supply of the products again; or
(b) the payment of the cost of having the products supplied again.

14) Protection
Each Sale Spot User agrees to indemnify and hold Sale Spot and its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of any breach of this Agreement by the Sale Spot User, or the violation of any law or the rights of a third party.

15) Notification
Except as explicitly stated otherwise, any notices shall be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission in the case of Sale Spot to P.O. Box 1311 Darlinghurst NSW or fax number (02) 9356-3188 or in the case of a Sale Spot User to the email address provided to Sale Spot during the registration process. Alternatively, in the case of a Sale Spot User notice may be given by certified airmail, postage prepaid and return receipt requested, to the address recorded in Sale Spot User Information. Any notice shall be deemed given:

(a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid,
(b) if sent by pre-paid post, three Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia, and
(c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission).

For purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.

16) Arbitration
Any controversy or claim arising out of or in connection with this Agreement may be settled by binding arbitration by reference to a commercial disputes centre. Each Sale Spot User agrees to be bound by the decision of the arbitrator. The costs of the dispute are borne by the unsuccessful party.

17) Disputes between retailers and consumers
Once a purchase has been confirmed the sale has closed. The vendor’s will then organise for the delivery of the goods to the consumer. Sale Spot endeavors to ensure that payment is not remitted to any retailer until the products are dispatched from their fulfillment centre to the consumer. Sale Spot is sometimes asked to settle disputes between consumers and retailers, but Sale Spot is unable to do so. Such disputes need to be resolved between the parties as in a normal face to face transaction with a retailer.

However, Sale Spot can contact the retailer on behalf of a consumer, and ask them to explain their side of the situation. If it turns out that the retailer is clearly negligent in their responsibilities, Sale Spot may then have to take further action against the retailers under the contract between Sale Spot and its retail partner.

18) Authority to Cancel orders.
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.

19) Order Cancellation by Consumers
If you need to cancel an order, please contact us via email immediately at help@salespot.com.au. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.

Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.

20) Promotions and Competitions
Other Terms and Conditions not listed herein and applying to salespot.com.au promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.

21) Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against Sale Spot which relate to or are incidental to any transaction.

You agree to indemnify and hold Sale Spot harmless from and against any and all claims, loss or expense that may be incurred by Sale Spot which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Sale Spot harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

22) General
This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. All Sale Spot Users irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced. All Sale Spot Users agree that this Agreement and all incorporated agreements may be automatically assigned by Sale Spot, in its sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Any failure by Sale Spot to act with respect to a breach by a Sale Spot User does not waive the right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. The Sections of this Agreement which deal with Fees and Services with respect to fees owed for our services, Release, License, Liability Limit, Indemnity and Arbitration shall survive any termination or expiration of this Agreement.

© salespot.com.au 2005, Overstock Shop Pty Ltd